The ongoing Property Law Review has progressed to consultation on drafts of new regulations under the Body Corporate and Community Management Act 1997 (BCCM Act). The proposed reforms are outlined in drafts of new regulations.
A draft of the Body Corporate and Community Management (Standard Module) Regulation 2019 is now available for public consultation. This regulation will replace the Body Corporate and Community Management (Standard Module) Regulation 2008. Consultation drafts of more regulations are expected to be released in the coming weeks.
The new regulation includes many of QUT’s procedural recommendations for modernising and streamlining the body corporate legislation.
Most bodies corporate in Queensland are community titles schemes registered under the BCCM Act. The Act permits the creation and operation of community titles schemes in Queensland. There are also 5 regulation modules, which set out more detailed laws that bodies corporate must follow.
Learn more about the current regulation modules and which regulation module applies to your community titles scheme.
What is changing
New regulation modules are being prepared.
The new regulation modules will include reforms to streamline and modernise body corporate procedures, reduce body corporate costs and enhance protections for unit owners. A summary of the reforms to each regulation module is provided with the consultation draft of the regulation module below.
The reforms to the regulation modules have been developed after extensive stakeholder and community consultation about the recommendations of the review of property law in Queensland that was conducted by the Commercial and Property Law Research Centre of the Queensland University of Technology (QUT). The changes included in the consultation drafts relate primarily to QUT’s recommendations about body corporate procedural issues, which were contained their report, Final recommendations: Procedural Issues under the Body Corporate and Community Management Act 1997 (PDF, 1.4MB).
The proposed reforms will be included in the regulation module that relates to specified two-lot schemes through an amendment regulation at the same time that the other 4 modules are replaced.
The Body Corporate and Community Management Regulation 2008 prescribes fees for the Body Corporate and Community Management Act 1997. The Body Corporate and Community Management Regulation 2019 (BCCM Regulation 2019) has been prepared to replace it. The replacement regulation contains the same fees as the existing regulation, but expands the power of the Commissioner for Body Corporate and Community Management to waive particular fees under the Act.
As these are consultation drafts, the drafts may not reflect the final form of the regulations and could change.
Consultation draft: Standard Module
- Consultation draft of the Body Corporate and Community Management (Standard Module) Regulation 2019
- Comparison document showing differences from Body Corporate and Community Management (Standard Module) Regulation 2008
- Summary of proposed reform—Standard module
How to have your say
The release of the consultation drafts give you the opportunity to comment on the proposed changes before the regulations are made.
Lodge your submissions by email or post.
Office of Regulatory Policy
Department of Justice and Attorney‐General
GPO Box 3111
BRISBANE QLD 4001
Submission closing dates:
The time for making a submission on the regulations closes on 5pm, 18 October 2019.
Any personal information you include in your submission will be collected by the Department of Justice and Attorney‐General (the department) for the purpose of obtaining comment on proposed new regulations and a proposed amendment regulation. The department may contact you for further consultation about the new regulations and the amendment regulation. Your submission may also be released to other government agencies as part of the consultation process.
Submissions provided to the department in relation to the regulations will be treated as public documents. This means that they may be published on the department’s website, together with the name and suburb of each person or entity making a submission. If you would like your submission, or any part of it, to be treated as confidential, please indicate this clearly in the submission. However, note that all submissions may be subject to disclosure under the Right to Information Act 2009, and access applications for submissions, including those marked confidential, will be determined in accordance with that Act.
Submissions (or information about their content) may also be provided in due course to a parliamentary committee that considers the legislation.